The Embezzlement Conflict: Unraveling the Ex-Director’s Scheme.

Multiple parties request the summoning of Mr. Do Anh Dung

On the morning of August 12, the People’s Court of Hanoi reopened the first-instance trial of the accused Nguyen Sy Ta (DOB 1972, former head of the Ethnic Minorities Committee) for “fraudulent appropriation of property” as stipulated in Clause 4, Article 174 of the Criminal Code.

The victim in this case is Mr. Do Anh Dung (Chairman of the Tan Hoang Minh Group). However, during the procedure, the secretary announced that Mr. Dung was present and had submitted a request to be tried in absentia.

In his request, the Chairman of the Tan Hoang Minh Group stated that due to health reasons, high blood pressure, hot weather, and shortness of breath, he was not in good health to attend the trial. He had authorized a lawyer to represent him and protect his interests.

The request also stated that Mr. Dung was defrauded by Mr. Ta, who appropriated 80 billion VND from him. Currently, the accused has only returned 13 billion VND, with the remaining balance of over 66 billion VND unpaid.

The accused, Nguyen Sy Ta, disagreed with the victim’s absence and requested the court to summon Mr. Dung by all means.

The lawyer defending the rights and interests of the accused, Ta, stated that in Mr. Dung’s request to be tried in absentia, there was a mention of the amount of 13 billion VND, which contradicted the indictment. The lawyer argued that this was a new circumstance that needed to be thoroughly considered.

Conversely, the group of lawyers defending Mr. Do Anh Dung’s interests requested the court to continue the trial.

Also present at the trial, the Commercial and Investment Joint Stock Company of Duc Anh, shared that the Nui Cuong Island project in Dai Binh commune (Dam Ha district, Quang Ninh province) had been transferred to another party in December 2021.

Meanwhile, the representative of the Hanoi People’s Procuracy stated that Mr. Do Anh Dung had requested to be tried in absentia and in his request, the Chairman of Tan Hoang Minh had mentioned the amount of 13 billion VND, which contradicted the investigation documents and the indictment of the Procuracy, which charged him with 33 billion VND.

According to the Procuracy, if Mr. Dung is absent, it will not be possible to clarify the amount that the accused, Ta, had appropriated.

In addition, due to the absence of some parties with related rights and obligations, the Procuracy proposed to postpone the trial.

After deliberation, the Hanoi People’s Court decided to adjourn the trial and not set a new date.

The presiding judge stated that this was the third time the trial had been opened but had to be adjourned again. The court requested that the lawyers discuss with Mr. Do Anh Dung the amount of money he claimed to have been repaid by the accused, Ta, as there seemed to be a contradiction. In case the lawyers and Mr. Dung cannot clarify this amount, the next trial will employ other procedural measures, as inconsistent amounts cannot be tried.

The journey of defrauding the Chairman of Tan Hoang Minh

According to the indictment, Duc Anh Company is the investor of the Nui Cuong project (Quang Ninh province). In 2018, intending to sell the project, the company’s representative met with Nguyen Sy Ta and asked him to “find a buyer.” As Ta was acquainted with Mr. Do Anh Dung, he offered to introduce a potential purchaser.

When introducing the Nui Cuong Island project, Ta claimed that the project had been planned by the Quang Ninh Provincial People’s Committee for tourism, eco-urban, residential, and hotel development. He also asserted that this project, as well as Duc Anh Company, belonged to him, as he had previously served as the Director of the Government Guest House and served “the uncles,” who had granted him the project.

Ta also stated that because he worked for the government, he could not own the project directly, so he asked his driver and assistant to hold it on his behalf.

Believing Ta’s words, Mr. Do Anh Dung agreed to the purchase and settled on a price of 400 billion VND for the transfer of 100% of Duc Anh Company’s shares. Ta requested a deposit of 20% of the transfer value, equivalent to 80 billion VND, and asked Mr. Dung to keep the transaction confidential so he could go and thank “the uncles.”

In 2019, Tan Hoang Minh’s employees sent the contract to Ta, who then informed them that the project’s price was 320 billion VND and requested a deposit of 80 billion VND to “ensure the signing of the contract and the transfer of ownership.”

Also in the same year, Nguyen Sy Ta went to the headquarters of the Tan Hoang Minh Group twice to receive the full amount of 80 billion VND as a deposit. Afterward, he demanded that the shareholders of Duc Anh Company give him 20 billion VND if the Nui Cuong project was sold.

However, as Duc Anh Company did not sell the project to Tan Hoang Minh, Mr. Dung investigated and learned that the Quang Ninh Provincial People’s Committee did not approve it because Nui Cuong Island was not in line with the land use plan.

Mr. Dung then worked with the shareholders of Duc Anh Company and discovered that the Nui Cuong project did not belong to the accused, Ta, and that he had not transferred the 80 billion VND deposit to the company.

Mr. Dung later signed a new contract with Duc Anh Company to purchase the project and demanded a refund from Nguyen Sy Ta, but only received 33 billion VND, with the remaining 47 billion VND being appropriated.

Regarding the new contract for the sale of the Nui Cuong project between Duc Anh Company and Tan Hoang Minh, it was also canceled later.

The prosecution agency determined that Mr. Do Anh Dung was the victim and had filed a request asking the agency to compel Nguyen Sy Ta to refund the remaining 47 billion VND.